Judge warns GOP attorney over missed deadlines in SB54 case

Judge warns GOP attorney over missed deadlines in SB54 case

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SALT LAKE CITY — A federal judge is threatening to remove the Utah Republican Party's attorney in its lawsuit against the state for repeatedly missing court filing deadlines.

Marcus Mumford has until Tuesday afternoon to explain to U.S. District Judge David Nuffer why he should not be held in contempt of court and sanctioned, including being disqualified from the case. Mumford has failed to comply with at least 16 deadlines since the Utah GOP sued the state 10 months ago over how political parties choose candidates for elected office, according to the judge.

"Despite being warned repeatedly and sanctioned by the court, counsel for the Utah Republican Party continues to disregard deadlines in this case," Nuffer wrote.


Despite being warned repeatedly and sanctioned by the court, counsel for the Utah Republican Party continues to disregard deadlines in this case.

–U.S. District Judge David Nuffer


Nuffer noted that Mumford's last memorandum opposing the state's motion for summary judgment came in more than six hours late and was followed by a 263-page appendix the next day without permission from the court.

Mumford in an email referred questions about the missed deadlines to a response he filed to the summary judgment motion last Friday, saying the state's attorneys have misled the court.

In the response, he identified instances where he believes Utah Federal Solicitor Parker Douglas and assistant attorney general David Wolfe show "a fatal lack of candor" and violate principles of fairness and ethics in how they have asked the court to enforce rules against the party that they have repeatedly broken.

Mumford said he intends to respond in the same way to the judge's order to explain why he shouldn't be held in contempt.

Douglas called Mumford's accusations "completely false" in an interview on KSL Newsradio's "Doug Wright Show."

"We've never missed a deadline in the case," he said.

The judge has kept the case on a reasonable time schedule, Douglas said, adding he hopes the attorneys can get back to focusing on the issues.

Story Highlights
  • Mumford has until Tuesday afternoon to explain why he should not be held in contempt of court and sanctioned.
  • Judge: Mumford failed to comply with at least 16 deadlines since lawsuit was filed.
  • Mumford: State's attorneys have misled the court.
  • State's attorneys deny Mumford's claim

History of the lawsuit

The Utah Republican Party sued the state after the Legislature passed [SB54](< Shutterstock Judge orders settlement talks over Count My Vote lawsuit>) last year, which allows candidates an alternate path to get on the primary election ballot.

The bill came after a citizens initiative called Count My Vote set out to do away with Utah's unique caucus and convention system in favor of a direct primary election.

As a compromise, lawmakers agreed to let parties keep the longstanding system for choosing nominees, but also allow candidates to collect signatures to get on the primary ballot.

The Utah GOP says it was not involved in the deal and asked the court last December to strike down the law. Nuffer declined earlier this year to put the law on hold pending the outcome of the lawsuit.

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Dennis Romboy

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